Parallel maintenance claims must be adjusted, not duplicated

The Karnataka High Court, speaking through Dr. Justice K. Manmadha Rao, dealt with connected proceedings arising from the same matrimonial dispute, one under Section 125 CrPC and the other under Section 24 of the Hindu Marriage Act, 1955. The core issue was how to treat overlapping maintenance claims when both proceedings were pending between the same parties.

The marriage was solemnized on 23.11.2020. The wife alleged cruelty, dowry-related demands, and lack of independent income. The husband disputed those allegations and contended that she had independent means and had suppressed material facts. He also argued that parallel maintenance proceedings should not result in duplication.

In Crl.Misc. No.12/2024, the Family Court at Tumakuru had awarded maintenance of Rs.10,000 per month under Section 125 CrPC and directed adjustment of maintenance already ordered in the matrimonial case. In M.C. No.5/2022, the Family Court at Bengaluru had earlier granted interim maintenance of Rs.10,000 per month and litigation expenses of Rs.20,000 under Section 24 of the Hindu Marriage Act.

The High Court affirmed the maintenance awarded under Section 125 CrPC. It held that the order dated 21.11.2025 in Crl.Misc. No.12/2024 would remain the governing and subsisting maintenance obligation. At the same time, it set aside the interim maintenance component of the Section 24 order, while preserving the litigation expenses of Rs.20,000.

The Court also directed that, when M.C. No.5/2022 is finally decided, the Family Court must take the Section 125 CrPC maintenance into account and make appropriate adjustment while determining any permanent alimony or final maintenance, so that there is no duplication.

The husband’s revision petition was dismissed. The writ petition was partly allowed only to the extent of setting aside the interim maintenance component.

Practical takeaway: where maintenance proceedings run in parallel, courts must prevent double recovery and adjust the final relief accordingly.